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2013 (8) TMI 576 - HC - Central ExciseModvat / Cenvat Credit - Classification of Goods - Whether the assesse would be entitled to credit in respect of goods falling under Heading 8474.90 on capital goods - Held that:- Items used in the fabrication of chimney would fall within the ambit of "capital goods" and that the assesse was entitled to avail modvat credit in respect of the disputed items under Rule 57Q - the goods were capital goods entitled to credit under Rule 57Q of Central Excise Rules - Capital goods itself were eligible for modvat credit under Rule 57Q - the amendment under Notification No.25/96 had to be read only as clarificatory and retrospective effect had to be given for availing modvat credit. The item in question were classifiable under Chapter Heading 84.31 and they were parts of materials conveying equipments falling under Chapter Heading 84.28 - Commissioner Of Central Excise, Jaipur Versus M/S Rajasthan Spinning & Weaving Mills Ltd. [2010 (7) TMI 12 - SUPREME COURT OF INDIA] - in the light of the decision of following the Apex court decision and in the background of the circular issued by the Government of India that the benefit of modvat credit under Rule 57Q would be applicable to all components, spares and accessories of the specified goods, irrespective of their classification under any chapter heading – the assesse would also be eligible for relief – order of the CESTAT set aside – Decided in favor of assesse.
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